The U.S. Constitution clearly separates the powers granted to our three branches of government. This includes entrusting the President with the responsibility to “take Care that the Laws be faithfully executed.”

President Obama, like every member of Congress, took an oath to adhere to the principles in our founding document. The unilateral actions of his Administration, however, continue to defy the Constitution’s authority and its checks and balances on power.

GOP Challenge ‘A Welcome Change’

House Speaker John Boehner (R-Ohio) recently announced that he plans to file a lawsuit against President Obama on the grounds that the President has not upheld his oath of office. The legislation to authorize the suit is expected to come for a vote in the House of Representatives in the coming days. It specifically challenges the Administration’s decision to delay the employer mandate in the health-care law without the approval of Congress. Under the Constitution, the legislative branch has the sole authority to write, amend, and pass laws.

Respected legal scholars have expressed support for the House effort. Jonathan Turley, a law professor at George Washington University, described a “growing crisis in our constitutional system” during a recent hearing before the House Rules Committee. He said, “After years of eroding legislative authority, the decision of this body to take a stand and seek judicial review is a welcome change.”

Litany of Autocratic Orders

The year-long delay of the employer mandate – which requires employers to provide health insurance if they have 50 or more full-time employees – is just one example of how the Administration has altered provisions of the health-care law as it sees fit. In fact, the Galen Institute, a nonprofit public policy research organization, counts at least two dozen Obamacare changes that the President has made unilaterally.

The egregious overreach does not stop there. President Obama’s end-run around Congress affects a broad swath of public policy, from education to foreign policy. Perhaps nowhere is this more apparent than in the Environmental Protection Agency’s (EPA) execution of the President’s radical climate agenda.

At a recent Senate Environment and Public Works Committee hearing, I expressed my strong opposition to a proposed EPA rule designed to limit carbon dioxide emissions from existing coal-fired power plants. The rule is not only costly but also of dubious legality under the Clean Air Act. It far exceeds the agency’s regulatory authority, in addition to having no effect on the climate.

Preserving the Integrity of our Democracy

President Obama continually defends his executive orders by pointing to the political gridlock in Congress. Earlier this year, he boasted “I’ve got a pen” when encouraging his Cabinet to find avenues for governing by administrative fiat.

The President may find it politically expedient to change the laws he disagrees with and to choose the ones he wants to obey. But overstepping the bounds of the Constitution is a direct affront to the integrity of our democracy and sets a dangerous precedent. As elected representatives of the American people, Congress is compelled to protect these cherished rights. Litigation to require that the President faithfully execute the law is important to keeping the Constitution’s separation of powers intact.